Essential AND Functional: The Importance of Essential Job Functions for Disability Law Compliance and Inclusion

According to the EEOC, employers should be asking every job candidate, “Can you perform the essential functions of the job you’re applying for, with or without an accommodation?” This ADA-related requirement presumes that your job descriptions clearly delineate the essential and marginal duties of each position in your organization. Ask yourself – are essential job functions a key part of your organization’s job descriptions? Do your recruiters and hiring managers consistently ask this question during interviews? If the answer to either question is no, you’ve got work to do!

Having effectively written job descriptions before hiring an employee helps with recruitment, performance management, compensation, FMLA and workers compensation issues, reasonable accommodation for employees with disabilities, and possible litigation. Plus, if your organization is a U.S. Federal contractor, your new Section 503 compliance responsibilities to focus recruitment on individuals with disabilities and veterans makes quality job descriptions more important than ever.

Learning Objectives 

1. Introduce ADA Title I employment provisions related to essential and marginal job functions (EJFs and MJFs)
2. Understand the importance and utility of essential and marginal job functions (EJFs and MJFs) for your organization’s disability law compliance and inclusion activities
3. Discuss job analysis strategies for identifying job functions
4. Evaluate common strategies for developing “ADA compliant” job descriptions

Continuing Education Recognition Available:

• Human Resources Certification Institue (HRCI), Society for Human Resource Management (SHRM), Commission on Rehabilitation Counselor Certification (CRCC) - If you would like HRCI, SHRM, and/or CRCC credits, there is a $20 fee per participant.
• Certificate of Participation - If you would like a certificate of participation, there is a $10 fee per participant.

This session has been approved for:

• 1.5 HR (General) Recertification Credit Hours by the Human Resources Certification Institute (HRCI)
• 1.5 PDCs by Society for Human Resource Management (SHRM)
• This session has been submitted for approval to the Commission on Rehabilitation Counselor Certification (CRCC)

The Presenter: Dr. Jana Burke is the president and founder of Mariposa Professional Services, a consulting firm specializing in ADA compliance strategies for organizations with rights and responsibilities under the law. She is a small business owner, consultant, trainer, and researcher who specializes in the ADA employment provisions and workplace strategies for ADA compliance. After 18 years in the field, Dr. Burke remains committed to helping transform how organizations do business by providing strategic planning and visioning for creating disability diversity and inclusion.

The Webinar:

• This webinar will be presented via the Blackboard Collaborate Web Conferencing platform.
• A telephone conference option will also be available if you choose not to use the webinar platform.
• Information on accessing the webinar platform and the telephone conference number will be provided prior to the session.